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Hiring To Firing Law Blog

New York DOL Releases Model Plans Under HERO Act

By Jessica Rothenberg

August 3, 2021

Q: I understand the NY DOL recently released model plans for the NY HERO Act. What do employers need to do to comply? A: The New York Health and Essential Rights Act (NY HERO Act or Act) requires employers to implement workplace health and safety measures to protect employees during a future airborne infectious disease outbreak. The Act applies to all private employers and to all worksites.…

Hiring To Firing Law Blog

Hiring Best Practices to Avoid Potential Discrimination Claims

By Shirley Akrasih

August 2, 2021

Q. My company wants to improve our hiring process to help avoid costly errors that may lead to potential discrimination claims. What best hiring practices do you recommend? A. Hiring new employees — whether high school and college students looking for part-time work or recent graduates entering the workforce — can be challenging. One possible risk is that a job applicant could claim unlawful discrimination based on your decision not to hire that applicant, even…

Hiring To Firing Law Blog

A Company’s Press Release May Be Used Against It In Employee’s Retaliation Litigation

By Leigh McMonigle

July 20, 2021

Q: What are the risks to a company when making a public statement about ongoing employment litigation? A: A federal judge in Washington, DC recently allowed a pair of married former law firm associates, suing the firm for sex discrimination, to add retaliation claims to their lawsuit for allegedly “false and malicious” statements the firm made about them in an August 2019 press release. See Savignac, et al v. Jones Day, et al, U.S. District…

Hiring To Firing Law Blog

The “Post Pandemic” Workplace – What’s Next

By Tracey Diamond, Richard Gerakitis, Lynne Wakefield & Emily Schifter

July 2, 2021

Register Here Thursday, July 15 • 2:00 – 3:30 p.m. ET Please join members of the Troutman Pepper Labor and Employment and Employee Benefits and Executive Compensation Teams, along with guest Steve Kapper, Associate Client Partner at Korn Ferry, as they discuss the “new” workplace and how to prepare for the next pandemic/economic recession. Our team will discuss: Employee Benefits and Executive Compensation Health and Well-being Programs Mental Health Programs Independent Contractors Terminations/Reductions in Force…

Hiring To Firing Law Blog

Tracey Diamond Looks Back on Nearly a Decade as a Legal Blogging Editor

By Tracey Diamond

July 1, 2021

Troutman Pepper Partner Tracey Diamond joined Colin O’Keefe on a This Week in Legal Blogging podcast to discuss the employment law blog she started 10 years ago, Hiring to Firing. She caps the episode off with advice for legal bloggers and shares some tips on what she believes make for good writing and good blog posts.…

Hiring To Firing Law Blog

Move Over, CDC: State Laws May Impact Employers’ COVID-19 Vaccine Plans

By Emily Schifter

June 23, 2021

Q: Are there any state laws employers should think about when implementing COVID-19 vaccine policies? A: Yes, multiple states have passed or are considering laws related to COVID-19 vaccine policies. Savvy employers tracking the latest guidance likely know the many sources of federal guidance pertaining to COVID-19 vaccines in the workplace. For instance, the Centers for Disease Control and Prevention (CDC) made headlines with its May 13 guidance loosening face mask and distancing restrictions for…

Hiring To Firing Law Blog

California Provides Right to Recall to Certain Employees Laid off Due to COVID-19

By Tracey Diamond & Michael Byrne

June 22, 2021

* Michael T. Byrne is a 2021 summer associate at Troutman Pepper. He is not admitted to practice law. Q: Are California employers required to rehire employees they laid off for reasons related to the COVID-19 pandemic? A: Yes, but only if the employer falls within certain industries and establishes an open job position for which one of its laid-off employees is qualified. Under California’s Senate Bill No. 93 (SB 93), if a covered employer…

Hiring To Firing Law Blog

New Philadelphia Ordinance Prohibits Pre-Employment Marijuana Testing

By Tracey Diamond & Sean Craig

June 14, 2021

* Sean M. Craig is a 2021 summer associate at Troutman Pepper. He is not admitted to practice law. Q: Does Philadelphia have any laws regulating drug testing for marijuana? A: Philadelphia recently passed an ordinance that prohibits employers from requiring “a prospective employee to submit to testing for the presence of marijuana in such prospective employee’s system as a condition of employment.” The ordinance will take effect on January 1, 2022, and applies to…

Hiring To Firing Law Blog

Pennsylvania Supreme Court Voids No-Hire Provision in Service Contract Between Two Employers

By Jonathan Gilman

June 9, 2021

Q: I heard that companies entering into commercial contracts in Pennsylvania can no longer restrict each other from hiring their employees. Is that true? A: On April 29, the Supreme Court of Pennsylvania held in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC, et. al. that a no-hire provision (commonly referred to as a “no-poach” provision) in a service contract between two business entities was unenforceable as an impermissible restraint of trade because it was…

Hiring To Firing Law Blog

Biden Administration Eliminates Key Trump-Era Regulations for Employment Relationships Under FLSA

By Andrew Henson

June 8, 2021

Q: Do Trump-era FLSA regulations governing independent contractor classification and joint employer status (still) apply? A: The U.S. Department of Labor (USDOL) announced its decision to reverse a Trump-era rule governing the employee/independent contractor distinction under the Fair Labor Standards Act (FLSA) that was scheduled to go into effect on March 8. The decision comes on the heels of another recent announcement by the Biden administration that requested public comment about its intention to rescind…

Hiring To Firing Law Blog

Information and guidance on every phase of employment

Blog Authors

New York DOL Releases Model Plans Under HERO Act

Hiring Best Practices to Avoid Potential Discrimination Claims

A Company’s Press Release May Be Used Against It In Employee’s Retaliation Litigation

The “Post Pandemic” Workplace – What’s Next

Tracey Diamond Looks Back on Nearly a Decade as a Legal Blogging Editor

Move Over, CDC: State Laws May Impact Employers’ COVID-19 Vaccine Plans

California Provides Right to Recall to Certain Employees Laid off Due to COVID-19

New Philadelphia Ordinance Prohibits Pre-Employment Marijuana Testing

Pennsylvania Supreme Court Voids No-Hire Provision in Service Contract Between Two Employers

Biden Administration Eliminates Key Trump-Era Regulations for Employment Relationships Under FLSA

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